We should not return to an era when rivals were able to make strategic and unprincipled use of antitrust doctrine to demand special treatment to save themselves from the brutal consequences of competitive failure. America should not let antitrust itself become anticompetitive.
By harnessing the business incentives of generic drug firms to limit the anticompetitive power of branded pharmaceutical patent holders, the CREATES Act represents a straight-forward solution to a market failure created by exploitation of legal loopholes in drug industry regulation. It is a remedy that should be strongly supported by the White House and enacted by the new Congress.
The year 2016 was momentous in politics and celebrity deaths, but also in the field of technology law. Here’s our wrap-up of the five most significant tech cases that hit the judiciary in the past year.
What should be of antitrust concern is how Apple has used its iOS monopoly power in anticompetitive ways that go far beyond what Microsoft was lambasted for doing to Netscape in the now-ancient 1990s.
One of the most perplexing issues in communications policy — with a convoluted 20-year history — is that of the cable television set-top box. We may finally be on the verge of a new era where the user interface is more important than that archaic box.
Stay tuned for more adventures in copyright as the balance between rights owners and “fair users” lurches along towards future high-profile showdowns.
The Zenefits story is fascinating, both ADP’s snarky legal reply and the unusual circumstance of a disruptive entrant challenging a de facto monopolist.
Even before the landmark United States v. Microsoft Corp. antitrust case, competition law was a bit schizophrenic when it came to the question of interoperability. Monopolists have no general duty to make their products work with those of competitors, but what about the situation where a dominant firm deliberately re-designs products to render them incompatible with others? That […]
Nearly six months before this week’s reveal of iPhone 6 and the Apple Watch, the Wall Street Journal reported that Apple was in talks with Comcast Corp. about “teaming up for a streaming-television service that would use an Apple set-top box and get special treatment on Comcast’s cables to ensure it bypasses congestion on the Web.” For content, the […]
The same underlying market power and distribution problems still exist in music licensing, just as they did in 1941.